Councilmember Nadeau at Project Action!

I mentioned in my last post that the chair of the council's Human Services Committee, Councilmember Nadeau (Ward 1), attended the Project Action! meeting on February 10.  Here's the proof!

Let's Keep It Moving

Today it’s time for some updates because there’s such a lot happening.

The Project Action! (https://www.dcqualitytrust.org/families/join-project-action) meeting on Saturday was a great celebration, as I’d expected.  Self-advocates and others really had put their shoulders to the wheel to get B22-0154 through the council, and the unanimous vote was an amazing accomplishment.  What made Saturday’s meeting even more special, though, was that Ward 1 council member Brianne Nadeau, who chairs the Human Services Committee, showed up with her baby daughter to celebrate along with us and to hear from Project Action! members about other concerns they have moving forward.  With respect to the bill itself, we were also reminded – as if we could forget! – that the U.S. Congress has to get its 30-day review of OUR law before the mayor can sign it.

Next up:  Tomorrow, Valentine’s Day, February 14, will be the performance review of the Department on Disability Services (also for the Office on Disability Rights) before the Nadeau committee.  It starts at 10:00, in room 500 of the Wilson Building at 1350 Pennsylvania Avenue NW.  This year I won’t be testifying in person but I do plan to attend so I can hear what others are saying, in particular about the DDS reorganization.  The committee hearings are always available to watch live or on archived video afterward (http://dccouncil.us/committees), and it’s still possible to submit testimony for a few days after the hearing has taken place.  So keep your eye on this space and I’ll let you know how long you’ve got to submit your written testimony!  Sometime in April the committee will have another hearing to consider the mayor’s budget for DDS.

Another big item on Saturday’s agenda was bill H.R. 620, which aims to weaken the Americans with Disabilities Act and will be considered by the U.S. House of Representatives this week:

http://www.autism-society.org/news/action-alert-tell-congress-protect-americans-disabilities-act/

Particularly for those of my readers who have a voting representative in the U.S. House, CONTACT YOUR REPRESENTATIVE AND TELL THEM TO VOTE NO ON H.R. 360!  Do it for all U.S. citizens with disabilities, including those in D.C.!

Looking ahead, March 9 is the next meeting of D.C.’s Supporting Families Community of Practice (https://dds.dc.gov/event/state-team-meeting-supporting-families-community-practice-friday-march-9-2018).  You’ll remember that there were two briefings last year about ABLE accounts, one on ABLE in general and another about the newly-created D.C. ABLE account.  I wrote about these in my September 18 blog post, “News, News, News,” and then on October 17 in “Thinking About ABLE,” both of which you can find by clicking on “ABLE” in the Search box over to the right.  It was clear from those meetings that it would help to have some more general briefings on budget basics and responsible money management, so the upcoming meeting will focus on that.  I know that Emily Price (emily.price@dc.gov) will make sure there is a call-in option for those who can’t make it to DDS headquarters (250 E St. SW, next to the Federal Center SW metro station).

Many ways to get involved and keep improving life for our citizens with developmental disabilities in D.C. – take your pick!

Celebrate!

You did it – WE DID IT.

On February 6, the D.C. council unanimously approved bill 22-0154, the Disability Services Reform Amendment Act of 2017 (formerly the Citizens with Intellectual Disabilities Civil Rights Restoration Act).

This was a hard slog, a years-long effort, to make the reforms in D.C. disability services that would allow court oversight to end – last year, with the closure of the Evans case, and now, for people with intellectual disabilities receiving support in the future.

This is an amazing accomplishment.  Now we can turn our faces squarely toward the future.

The bill itself is here:

http://lims.dccouncil.us/Legislation/B22-0154?FromSearchResults=true

and you’ll find the brief discussion and vote in the council here: http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=4332

between 1:20:00 and 1:30:00.

Watch the short video and celebrate!  I know that’s what folks will be doing at this Saturday’s Project Action! meeting (10-12 Saturday, Feb 10 at the Kennedy Institute, 801 Buchanan St. NE).

Get the Courts out of our Supports!

In my last post I was very hopeful about prospects for Bill 22-0154, the Disability Services Reform Amendment Act of 2017 (formerly CIDCRRA), which aims to roll back the paternalistic system of court commitment for people with intellectual disabilities in D.C.  WE ARE THE ONLY JURISDICTION IN THE NATION WHERE LAWYERS AND JUDGES HAVE FINAL SAY ABOUT WHAT SERVICES PEOPLE WITH DISABILITIES WHO HAVE COMMITTED NO CRIME WILL RECEIVE.  To those of you receiving services in this way now, I have the following message:

-          I get it, it’s what you know. Nothing in the bill prevents your family member from continuing the way things are.  Nothing.

-          Have you thought about why the lawyers who have a stake in keeping the system as it is are the ones leading the opposition?  They may be well intentioned, but they are not objective.

-           Please don’t oppose the bill.  Keep what you have but let the rest of us move forward.

To the rest of you:

-          There is expected to be a second vote in the Council, probably on February 6.

-          Opposition is mobilizing. See https://tinyurl.com/y77pomvj for an article co-written by a DC lawyer who currently represents people under commitment in D.C.

-          Those leading the opposition to the bill argue that the D.C. government has consistently exploited its residents with disabilities for 40 years.  This ignores the very significant reforms that have taken place, especially over the past ten years.  (See https://tinyurl.com/yblwlq6z, and https://ddc.dc.gov/page/needs-assessment-2016 to understand where things really stand.)

-          Please do not rely on Project ACTION! and Quality Trust to do all the heavy lifting on this.  If you live in D.C., it’s especially important to write to council members who are not on the Human Services Committee (see page to the right).  These are (council member email followed by key staff member):

Ward 3:   mcheh@dccouncil.us; nrentz@dccouncil.us

Ward 5:   kmcduffie@dccouncil.us; bmitchell@dccouncil.us

Ward 6:   callen@dccouncil.us; lmarks@dccouncil.us

Ward 7:   vgray@dccouncil.us; tnorflis@dccouncil.us

At-Large: pmendelson@dccouncil.us; mbattle@dccouncil.us

At-Large: abonds@dccouncil.us; ikang@dccouncil.us                                         

At-Large: esilverman@dccouncil.us; srosenamy@dccouncil.us

If you live in D.C., please write, even if you don’t consider disability issues to be your highest priority.  Tell the council members that you favor bill B22-0154 because it’s time for people with disabilities and those who support them to decide what type of support they need without a lawyer and judge saying so.  (If you have more questions, have a look at https://tinyurl.com/y8zq3pnw.) 

GET THE COURTS OUT OF OUR SUPPORTS.  We can do this, it’s time to do this.  Please pitch in.

Moving Mountains in 2018 and Beyond

First, some updates.  I promised to let folks know about the new DDS deputy for Rehabilitations Services, and that person is Dave Bush, who took up his functions on January 8.  I’m told he has experience in vocational rehabilitation in both Ohio and D.C., and some of you may have known him when he served in RSA 2013-14.  He also has experience in the Veterans Administration and in college disability support.  There’s been a lot of discussion of late about the new streamlined DDS intake system, and I find it interesting that the intake unit, headed by Chris Nace, is actually reporting through RSA rather than to the DDA deputy.  I suppose this can work if the Nace shop collaborates well with Robin Exton’s eligibility unit in DDA, but it’s a bit confusing and the proof will, as always, be in the pudding.

On other fronts - DDS director Andy Reese opened the New Year with a message (https://dds.dc.gov/publication/message-director) looking back on the accomplishments of 2017, most significantly the District’s exit from the Evans lawsuit.  As the New Year dawns, we’re close – yes, very close – to reaching another milestone, namely an end to the requirement of legal commitment (court-appointed lawyer and judge’s determination) for some people to receive services in D.C.  On January 9, the D.C. council voted unanimously in favor of bill B22-0154, and if it makes it through a second vote - perhaps as soon as February 6 - the bill will be passed and sent on to the mayor for signature.  Then of course – unique to D.C. – the U.S. House of Representatives and Senate will have their 30 days to review the bill before it can become law.

I sincerely hope that in January 2019, Andy will be reporting that court commitment is a thing of the past for everyone except those already receiving services in this way who choose to keep doing so.  Just as the closure of the Evans case withdrew court oversight for the overall functioning of the disability services system in D.C., the passage of B22-0154 will lift court oversight for individuals in the future, giving people and their family members or other trusted supporters the right to speak for themselves.  The establishment of Supported Decision Maker agreements under the bill will provide a new and important vehicle for people who want help in making decisions about their care (more about this in a future blog post).

This isn’t the end of needed reform, though.  If you want to understand what I mean, search “DDRA” over to the right and you’ll find that the Developmental Disabilities Reform Act that died in the council in 2010 contained one fundamental reform that still hasn’t seen the light of day – namely, extension of eligibility to people with developmental disabilities who do not have an intellectual disability (defined as IQ of 69 or below based on testing before the age of 18).  This means that folks with “only” autism or another developmental disability don’t qualify for supports and are left high and dry.  In a recent meeting of the Family Support Council this issue received some discussion, and I hope that group will indeed take it up in future discussions with DDS.  Perhaps then, in his January 2020 New Year’s message, DDS director Reese will be able to announce the District’s success in expanding eligibility for Medicaid supports to all of those who need them. 

Mountains can be moved - as recent successes have shown - but it takes a lot of strong backs.

Unfinished Business and a Small Favor!

When I last wrote, I promised a more complete readout on the December 8 Supporting Families event.  In the meantime, though, I wanted to let you know the latest on the Disability Services Reform Amendment Act of 2017 (B22-0154), which I covered in my last post.  The Human Services Committee unanimously voted to send it on to the full council, where it will receive its so-called “first reading” – the first step before full passage – on January 9.  Now is the time to let your council member know that you favor the bill!

As for the Supporting Families Community of Practice - I was there only in the afternoon, but Emily Price already has posted all the materials from the meeting on the DDS website, at https://dds.dc.gov/node/1296551.  She also plans to make the next meeting (on March 9) available remotely by Webex for those who can’t attend. There were important presentations on the new Cultural and Linguistic Competency Community of Practice, the OSSE "report card," and other issues, so I hope you'll look at all of those.

During the afternoon session, Erin Leveton made a presentation on accomplishments during the first five years of the SF CoP.  This group has had a real impact, not least of all in reaching a broad cross-section of families in D.C.:  Erin reported that from an initial mailing list of only 50 people, the SF CoP now reaches close to 1000 people in one way or another.  She also gave a presentation on changes to the I/DD waiver that were recently approved by CMS.  (If you don’t know what these acronyms stand for, see my page on Acronyms and Organizations.  Also, Power Points for both her presentations are at the link above.)

Andy Reese showed up during lunch to talk with the group.  He took a great many questions on the recent reorganization of DDS, and we learned:

-          Maximum effort has gone into providing shared services for both DDA and RSA.  Particularly on the Quality Assurance front, RSA was in need of an upgrade, and establishment of the Quality Management Administration under Jared Morris is intended to help with that.

-          I informed Andy that some have expressed concern about that the exodus of people with specialized expertise, particularly in Incident Management.  He expressed confidence that those departures will not affect the quality of services and oversight by DDS, and Winslow Woodland, now acting deputy for DDA, also joined the meeting briefly to underscore this.

-          The DDA intake process has been improved so that it takes less time and starts by identifying the needs of the person and their family up front.  (This is undoubtedly a customer-service improvement but does not change eligibility requirements for the waiver, based primarily on an IQ score of 69 or below before age 18.)  People interested in paid work receive assistance in getting started with their RSA application as well.

-          I mentioned my hope that Andy would restore the word “State” to the name of the Office of Policy Planning and Innovation (see “Changes Surely Afoot,“ November 9), and I understand he has agreed to do so.

With respect to the realignment, the Family Support Council met on December 21, and their next public meeting, on January 25, will be attended by senior DDS officials and will focus on this subject.  Daisy Brown, who chairs the FSC, wants to ensure that the FSC continues to track DDS progress following the reorganization, and she plans regular briefings at this and future FSC meetings.  Although no one asked in the December 8 meeting when DDS would be recruiting for the RSA deputy position that was vacated by Pamela Downing-Hosten, I’m told that the position is filled or very close to being filled.  I’ll let you know when I learn the name, but this is excellent news.

That’s the update, now for the favor!  I’ve been writing this blog for over three years now, and during that period I hope you’ve come to rely on it for information and advice about what’s happening and where you can make a difference for D.C. citizens with developmental disabilities in D.C.  I regularly come across new folks who are faithful readers, and I thank all of you for letting me know you find my blog useful.  In this holiday season, though, I’m asking you to give me a gift – feedback!  What would you like to see more of here?  Are there changes that would make it more interesting or helpful to you?  Use the Comments or just tell me what you have on your mind.  And pass the word along – not everyone can make it to meetings, and I worry about those who are too busy – with paid work, caregiving, and so many other demands – to make their voices heard. 

Thanks in advance for your reactions, and Merry Christmas, Happy Chanukah, best of the holiday season to one and all - 

A Gift You Can Give Right Now!

There were a lot of announcements and discussions at last Friday’s Supporting Families Community of Practice, and I’ll cover those shortly in another blog post.  Right now, though, I need to get this out in a hurry since you have action to take over the weekend. 

One of the announcements at the SF CoP was that there would be a markup on December 12^th in the D.C. council’s Human Services committee of bill B22-0154, which you previously have seen referred to here as the Citizens with Intellectual Disabilities Civil Rights Restoration Act, or CIDCRRA.  It’s now been renamed the Disability Services Reform Amendment Act of 2017.  That markup took place as planned, and the new text of the bill is attached (https://tinyurl.com/ybkyyuua), as well as the background report on the bill including a summary of testimony at the June hearing (https://tinyurl.com/y8sl4nsn).

Now that this bill is finally on the move, I’m told the committee, and the council, plan to move quickly on it.

I’ve written at length before about this bill, particularly in my posts “Slow and Steady Wins the Race” and “No Overnight Successes” from June of this year, and “Yes, You Really Can do Something” (July 2016), “A New Year, A Chance for New Beginnings” (January 2016) and “Overdue Change for the District” (November 2015).  Just to remind you, though, if passed the bill would do these key things:

-          Eliminate the requirement for people with a moderate to significant intellectual disability to be “committed” by the court before receiving services.  Currently people in this category must be assigned a court-appointed lawyer and must have the amount and type of their services decided by a judge.  This is a separate issue from guardianship, which allows the court to name a trusted individual to oversee care and services if necessary.  In fact, the commitment system can undermine the role of the guardian by permitting the court to make final decisions.

-          Allow those currently under the system of court commitment to remain under the system if they choose to.  People currently under court commitment may continue with the system to which they are accustomed.

-          Establish an enhanced complaint system within DDS.  This is new, and resulted from testimony and discussion at the committee’s June hearing on the bill.

-          Create a Supported Decision Maker role as a possible alternative to guardianship in addition to existing roles such as Power of Attorney.

My view on this bill, as you know if you read my testimony from the June hearing (https://tinyurl.com/yc2ttz67), is that this is a crucial bill that recognizes we now have a system that can be responsive to people and their families, not just to the courts (the enhanced complaint process will help).  Please recall that my own son receives services without court commitment – I trust my own voice more than a court-appointed lawyer’s - and that local disability advocacy organizations that are in the forefront of safeguarding disability rights (such as Project Action!, Quality Trust and Disability Rights DC) are in favor of this bill.  Whether your family member is or is not under court commitment, you should favor this bill, too.

Please write to the council – your own councilmember as well as every member of the Human Services Committee (http://dccouncil.us/committees/committee-on-human-services) to express your strong support for this bill.  It’s overdue, its day has come, and I assure you the lawyers with a stake in the current system are flooding the committee with statements in opposition.  Take the time now to give a gift to people with disabilities in D.C. – write to the committee, and the council, to express your strong support for B22-0154. 

Take a break from trimming the tree and do it this weekend!

Not a Time for Slowing Down

We’re between those busy holidays and there’s a temptation to think of nothing but that!  But there are some important events and issues that still deserve our attention this month.

I’m thinking in particular of the Supporting Families Community of Practice, which will be meeting this Friday, December 8.  Here’s the agenda:  https://tinyurl.com/y8x8khms.  Come if you possibly can – I know that’s hard for many folks, but if you think you’d be more likely to make it to SF CoP meetings if they weren’t on weekdays, it’s a good time to speak up.  Why?  Because there’s a new person coordinating the SF CoP, someone you may know already through her work on No Wrong Door and Person-Centered Thinking.  With Alison having left, Emily Price has now taken on the SF CoP, in addition to her other functions, and she’s getting off to a great start by reaching out for ideas.  In case you’d like to give her some input for her new position, you’ll find her at emily.price@dc.gov.

As for Friday’s meeting, the SF CoP will be celebrating its five-year anniversary with, among other things, an update on the recent federal approval of D.C.’s revised Home and Community-based Waiver and the public kickoff of the new Cultural and Linguistic Competency Community of Practice.  There also will be a chance to talk with “DDS leadership” – I hope this means Andy Reese! – about recent changes in DDS organization and what comes next.  What won’t be on the SF CoP agenda this time around is the briefing on finance and investment issues that’s needed to help folks who may be thinking of opening an ABLE account.  Hopefully next time!

On Friday there also will be a brief discussion led by Molly Whalen of the D.C. Association for Special Education, on the “OSSE School Report Card Focus Group.”  (OSSE is the Office of the State Superintendent of Education” – and I wish we still had a State Office Although I don’t know much about this initiative, I’m looking forward to learning more.  One concern I know will be covered is the slowdown in funding for key reforms launched in legislation by the D.C. council in 2014, most particularly the plan to lower the age for transition planning from 16 to 14.  You can read more about this important issue at:  http://dcase.org/2017/11/dcspedreform.

And on the subject of youth, councilmember David Grosso, who chairs the education committee, will be hosting a roundtable this Thursday at 4:00 on “Issues Facing D.C. Youth” (https://tinyurl.com/yc26eukj). Young people aged 21 and younger are encouraged to sign up by 5:00 today.  Seems to me the subject of funding for special education reforms should be very high on his agenda, and I know we’ll hear more about that roundtable at the Sf CoP on Friday. 

I look forward to seeing as many of you as possible at DDS this Friday!

Welcome News

I got a couple of reactions from DDS to my last blog post, and both conveyed welcome information so I wanted to share the news promptly.

First, Andy Reese reached out with the new DDS organizational chart, which you can find here:

https://tinyurl.com/y9fbjb6w

and which he says will soon be posted to the DDS website (https://dds.dc.gov).  I’ve updated my page, “Acronyms and Organizations You Should Know,”  to reflect these changes.

Second, Erin Leveton (formerly with the State Office, now the DDS Office of Policy, Planning and Innovation), sent reassuring words with respect to ongoing activity in the Supporting Families Community of Practice.  She let me know that the next SF CoP meeting will take place on December 8 at DDS (250 E St. SW).  According to Erin: “Topics will include employment, the new cultural and linguistic community of practice, update on the HCBS waiver, and hopefully a presentation by Capital Asset Builders related to ABLE accounts + more.” 

Hurray for the potential Capital Asset Builders briefing!  I’m still exploring ABLE accounts, and have been surprised that the D.C. Office of the Chief Financial Officer (OCFO), which is the designated contact point for D.C. ABLE, hasn’t yet been able to clarify some pretty basic questions.  Still, from what I can tell the D.C. account is a pretty solid choice.

Erin also wanted me to know that the SODA’s transformation into the Policy office is a good thing.  She notes they’re still in the DDS director’s office, and adds: “We have added the person who does RSA policy to my team, which is great from an Employment First perspective.”  I definitely agree with anything that fosters DDA/RSA collaboration and helps folks find appropriate jobs (more on that in an upcoming post!), but I’m still not buying the idea that removing a state-level oversight office is a positive development. 

Changes Surely Afoot

On October 27 I received an email that DDS director Andy Reese circulated broadly among DDS partners.  It described a number of personnel and organizational changes intended to eliminate duplication of operational and quality assurance services for DDA and RSA.  The most significant announcement was the creation of a new Quality Assurance Administration to be headed by Jared Morris, and the elevation of Winslow Woodland (“temporarily” according to the message) to be acting deputy director for DDA.

What’s most noteworthy is what the email doesn’t say.  A significant number of (mostly) senior-level folks have in fact been let go, foremost among them Pamela Downing-Hosten, named just last year as deputy director for the Rehabilitation Services Administration.  (I hear Andy will be overseeing RSA directly until a successor is chosen.)  But there are quite a few others leaving who, though their names may be less familiar, have been linchpins of the Incident Management and Enforcement Unit (which now will report directly to Winslow) and the Health and Wellness Unit.  I did not know most of these individuals well enough to judge for myself whether the changes are for the good or not, but I know some are concerned about whether too much expertise has walked out the door.  We’ll see. 

I’ll also be watching a couple of other developments.  Andy’s message announced that the State Office of Disability Administration, or SODA, will now become the Office of Policy, Planning and Innovation in the DDS director’s office.  While the new name may better describe what the SODA has been doing recently, its original designation as the “state” office gave it a potentially more robust oversight and coordination role vis-à-vis the “city” Department on Disability Services.  These state offices have been established across the D.C. government to assert that we are a jurisdiction equivalent in many ways to the fifty states, so I see the name change as unfortunate and symbolically important.  I hope it doesn’t also mean a demotion for the SODA.

I’m also hearing that Andy is lighting a fire under service coordinators, expecting more of them than pushing papers and chairing ISP meetings.  It’s hard to argue with this change, if it’s implemented properly and doesn’t lead to a “gotcha” mentality among service coordinators trying to look active.  For the moment though, most of the service coordinators I’ve encountered have been too passive, so I’m watching this cautiously and will judge by the results.

From what I can tell, most other folks are adopting a similar “wait and see” attitude.  Some also expect there will be more changes to come, so keep your ears to the ground, as I will!

Before closing, just a couple of postscripts on subjects I’ve covered in other recent posts:

·         Bill 22-0154, also known as the CIDCRRA (https://tinyurl.com/y75822ov), has happily not faded away.  I understand that the chair of the council’s Human Services Committee, Brianne Nadeau (Ward 1), has a new staffer who’s getting up to speed on the bill and also looking at the shape of a stronger DDS internal grievance mechanism, which was discussed quite a bit in the June 15 hearing on the bill (see my post, “Slow and Steady Wins the Race,” June 28).

·         ABLE accounts.  In several recent posts I’ve talked about briefings in the SF CoP (see my Acronyms page!) on ABLE accounts in general, and the new D.C. ABLE account in particular.  I’m still waiting for answers to a few questions I’ve posed directly to the D.C. government and we haven’t yet opened an account – I’ll let you know more when I hear more or actually open one.  I’m also still hoping that there will be follow-through in the SF CoP on the financial briefings that were promised at the last meeting.

·         And speaking of the Supporting Families Community of Practice, things may be on a go-slow due to the departure of Alison Whyte, a longtime staffer at the DDS/SODA (last time I’ll write that!).  Wishing her well, let’s hope someone energetic picks up the ball soon on all the good work that group has done.